False Rape Allegations. Is this enough for an arrest?
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False Rape Allegations. Is this enough for an arrest?
I have been accused of rape out of retaliation and jeaously. The girl made the claim 6 months after it allegedly occurred and there is no physical evidence. I have shown the detective information that discredits the girl’s credibility, as well as tapes in which the girl’s own mother calls her a lying manipulator and a troublemaker. Otherwise I have not given the police any other statements. Is the girl’s word alone enough to get me arrested?
Asked on June 1, 2009 under Criminal Law, Tennessee
Answers:
M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
The general rule is that if the police have probable cause to believe a crime has been committed, they may arrest the suspect. Remember, the "probable cause" necessary to arrest is a much lower standard than the "beyond a reasonable doubt" necessary to convict. What this means, as a practical matter, is that there may be sufficient evidence to arrest an individual even if there is not sufficient evidence to obtain a conviction. Nevertheless, it is certainly possible that you could be arrested and/or convicted based solely upon the alleged victim's statement. Being accused of Rape is a serious allegation, and it therefore carries serious potential penalties, including but not limited to potential incarceration and/or sex offender registry. My advice is to consult and/or retain a skilled criminal with respect to this matter immediately, and especially prior to talking any further to the police.
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